This briefing paper has been produced by the Scottish Human Rights Commission to inform the United Nations Universal Periodic Review of the UK in 2017.

International human rights instruments in domestic law

Why recommendations on ?

The provided for Observing and implementing the establishment of the Scottish international human rights Parliament and the Scottish obligations relating to devolved Government. The Act sets out that all matters is the responsibility of both policy areas not explicitly reserved the and Scottish to the UK Parliament are devolved to Government Ministers. the Scottish Parliament. The Scottish While the UK is the State Party to the Parliament has full legislative powers United Nations (UN), UN bodies have over devolved matters. This means increasingly recognised the value that issues such as justice, health of specific concluding observations and social care, education and and recommendations for the training, as well as many aspects . This has been of transport and environment, are recognised as a way to ensure that within the powers of the Scottish law, policy and practice in Scotland is Parliament and responsibilities of the fully compliant with all international Scottish Government. human rights law and policy. Scottish Human Rights Commission

Issues

There has been no further progress on the ratification of outstanding international human rights treaties, and no progress on domestic enforceability of treaties that have been ratified (recommendations 110.1, 110.5, 110.15-20 and 110.26-295).

The Scottish Government The Scottish Parliament has the stated in the past that it was power to legislate for additional not supportive of wholesale human rights protections for incorporation or domestic devolved matters. Doing so could enforceability of human rights mitigate some of the effects of treaties, citing lack of evidence as repealing the HRA and secure to the value of incorporation. The greater protection of a wider Scottish Government has made a range of human rights standards, commitment to work with partners particularly economic, social and in Scotland’s National Action Plan cultural rights. for Human Rights (SNAP) and The Scottish and UK Governments civil society to further explore have a generally positive record the potential benefits of further of implementing judgments of the incorporation. However, there has European Court of Human Rights. been little progress. However, there are also a number We welcome the Scottish of outstanding judgments to which Government’s opposition to the UK there have been unacceptable Government’s proposed repeal of delays in implementation. These There are a number of the Human Rights Act (HRA) and include the blanket ban on its replacement with a British Bill voting imposed automatically on outstanding judgments of Rights. The Scottish Parliament convicted offenders serving their of the European Court has made clear that it would not sentences (Hirst and Greens and of Human Rights to provide legislative consent to such MT). Decisions around prisoner which there have been a proposal, should consent be voting are matters for the Scottish unacceptable delays in sought. Parliament in relation to local implementation. government elections. Scottish Human Rights Commission

Recommendations

The UK retains the The UK and Scotland fully Human Rights Act 1998. execute all outstanding judgments of the European Court of Human Rights. The UK ratifies and incorporates all relevant human rights treaty The UK and Scotland standards without embed systematic reservation, including monitoring and reporting individual communications of progress towards the procedures. full realisation of human rights and the Sustainable Development Goals into Scotland strengthens national monitoring the enforceability of frameworks. international human rights treaties on devolved matters. Both UK and Scottish Governments ensure there is no regression on equality The Scottish Parliament and human rights law as a increases its ability to consequence of exiting the act as a human rights EU. guarantor.

Questions for the Government

What action is the Scottish Government taking to ensure that all social, economic and cultural rights are enforceable in , policy and practice?

Has the Scottish Government taken any steps to systematically integrate human rights and the Sustainable Development Goals into its national monitoring frameworks, including the National Performance Framework? The Scottish Human Rights Commission is the National Human Rights Institution for Scotland, accredited with A status by the Global Alliance of NHRIs. SHRC is one of the three NHRIs in the UK. SHRC is a member of the UK’s National Preventive Mechanism (OPCAT) and the Independent Monitoring Mechanism for the Convention on the Rights of Persons with Disabilities in Scotland.

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